Bombay high court
Mumbai: Bombay HC held as maintainable, a husband’s appeal against a common judgment of a family court passed after clubbing of divorce proceedings and monetary and protective relief sought under Domestic Violence Act (DVA).
The wife had raised preliminary objection to maintainability of the appeal before HC, arguing that parts relating to DVA need to be separately challenged under a criminal revision application.
The family court had granted the wife divorce on grounds of cruelty, but held that she had proved acts of domestic violence by him and granted maintenance to her and their child. The court restrained the husband from interfering with custody of the child and over a flat, and said she was entitled to damages, as claimed in DV proceedings.